Justices weigh airlines’ legal immunity

WASHINGTON — The U.S. Supreme Court on Monday debated the reach of airlines’ legal immunity when they report potential security threats, as the justices heard the case of a pilot upset about losing his job.

The justices reviewed a $1.4 million award won by the pilot, William Hoeper, who sued Air Wisconsin Airlines Corp. for telling federal officials as he was preparing to board a flight as a passenger that he was “unstable” and possibly armed. Air Wisconsin flies for US Airways Group Inc.

Several justices suggested they were loath to let juries second-guess split-second decisions made by ticket agents, bag- gage handlers and flight attendants. That prospect “doesn’t give me a lot of comfort,” Justice Antonin Scalia said.

Airlines say a Colorado Supreme Court ruling that upheld the award leaves them legally vulnerable when they follow instructions from the Transportation Security Administration, which tells carriers to err on the side of reporting security issues. President Barack Obama’s administration is backing the industry in the case.

The case tests the 2001 Aviation and Transportation Security Act, a law enacted two months after the Sept. 11, 2001, terrorist attacks. The measure requires airlines to report security threats to the TSA. It also immunizes carriers from lawsuits, except for reports made with “actual knowledge” that they are false or with “reckless disregard” for the truth.